[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 803 Introduced in House (IH)]
<DOC>
116th CONGRESS
1st Session
H. R. 803
To amend title XVIII of the Social Security Act to prohibit
prescription drug plan sponsors and MA-PD organizations under the
Medicare program from retroactively reducing payment on clean claims
submitted by pharmacies.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 25, 2019
Mr. Welch (for himself, Mr. Griffith, Mr. Carter of Georgia, Mrs.
Rodgers of Washington, and Mr. Collins of Georgia) introduced the
following bill; which was referred to the Committee on Energy and
Commerce, and in addition to the Committee on Ways and Means, for a
period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
A BILL
To amend title XVIII of the Social Security Act to prohibit
prescription drug plan sponsors and MA-PD organizations under the
Medicare program from retroactively reducing payment on clean claims
submitted by pharmacies.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Improving Transparency and Accuracy
in Medicare Part D Spending Act''.
SEC. 2. PROHIBITING MEDICARE PDP SPONSORS AND MA-PD ORGANIZATIONS FROM
RETROACTIVELY REDUCING PAYMENT ON CLEAN CLAIMS SUBMITTED
BY PHARMACIES.
(a) In General.--Section 1860D-12(b)(4)(A) of the Social Security
Act (42 U.S.C. 1395w-112(b)(4)(A)) is amended by adding at the end the
following new clause:
``(iv) Prohibiting retroactive reductions
in payments on clean claims.--Each contract
entered into with a PDP sponsor under this part
with respect to a prescription drug plan
offered by such sponsor shall provide that
after the date of receipt of a clean claim
submitted by a pharmacy, the PDP sponsor (or an
agent of the PDP sponsor) may not retroactively
reduce payment on such claim directly or
indirectly through aggregated effective rate or
otherwise except in the case such claim is
found to not be a clean claim (such as in the
case of a claim lacking required substantiating
documentation) during the course of a routine
audit as permitted pursuant to written
agreement between the PDP sponsor (or such an
agent) and such pharmacy. The previous sentence
shall not prohibit any retroactive increase in
payment to a pharmacy pursuant to a written
agreement between a PDP sponsor (or an agent of
such sponsor) and such pharmacy.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to contracts entered into on or after January 1,
2020.
<all>